Effective Date: April 12, 2014
Billing Account. CodeBabes or its billing agent bills you for your online account using the billing information you provide (your “Billing Account”) for access to the Application. You agree to pay CodeBabes all subscription fees then in effect for your access to the Application using your Billing Account, and you authorize CodeBabes to charge your chosen payment provider (your “Payment Method”) for the Application. You agree to make payment using that selected Payment Method.
Recurring Billing. Access to the Application requires a current and active subscription using valid Billing Information. By becoming a Subscriber, you acknowledge that you accept responsibility for all recurring charges prior to cancellation. Unless you change or cancel your subscription, which you may do at any time, your subscription will be automatically extended for successive renewal periods at the then-current subscription rate unless you cancel. If you cancel your subscription, you may access the Application until the end of the then paid month. You will not be eligible for a prorated refund of any portion of the monthly subscription fee.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the current subscription fee set forth when you enrolled, we shall provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction.
User Content. By submitting content in any form to the Site, for instance, in the form of a testimonial, comment, or picture, (“User Content”), you grant to CodeBabes and its licensees and successors in business a perpetual, worldwide, royalty-free, fully-paid and non-exclusive license to reproduce, publish, perform, distribute, modify, edit, display, adapt, create derivative works from and market and promote the User Content (at CodeBabes’s sole discretion) for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the Use Content without your prior approval or the payment of any compensation. By submitting, transmitting, posting or uploading any User Content to this Site, you represent and warrant that: (i) you are solely responsible for the User Content that you provide, (ii) you own or otherwise have the right to grant the license set forth above with respect to such User Content, (iii) such User Content does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, confidentiality rights, contract rights or any other rights of any person, (iv) such User Content is not libelous, abusive, obscene, or otherwise in violation of applicable local, federal, or international laws and regulations. and (v) you agree to pay any and all royalties, fees, and any other monies owing any person arising in connection with such User Content appearing on this Site. You acknowledge that CodeBabes may or may not pre-screen User Content, but that CodeBabes and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove
Notice of Procedure for Making a Claim of Copyright Infringement. If you believe that any content or User Content on the Site or in the Application constitutes work that is owned by you or a third party, and is displayed on the Site or through the Application without proper authorization, please send the following information to [email@example.com]
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on this Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate
and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
CodeBabes Copyright Agent
Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE SITE AND THE APPLICATION (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND APPLICATION) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND THE APPLICATION AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR APPLICATION, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT CODEBABES MAKES NO WARRANTY THAT THE SITE OR APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT CODEBABES DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR APPLICATION WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR APPLICATION, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND APPLICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CODEBABES DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND APPLICATION AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE AND APPLICATION.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CODEBABES, ITS PARENT, SUBSIDIARIES, OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, DATA, OR OTHER INTANGIBLES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE APPLICATION, EVEN IF CODEBABES HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. CODEBABES' LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN CODEBABES' AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED TEN DOLLARS ($10).
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Refunds, and payments for paid content - please read our refund policy.
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